Why Centre is against legalising queer marriage

Brut India

"We used to treat even this as far-fetched." Arguing for the Centre against same-sex marriages, Tushar Mehta asked some important questions in the Supreme Court.

Transcript

00:00In case of a gay marriage, who will be the wife?

00:04In case of a lesbian's marriage, who will be the wife?

00:06In case of a transgender marriage, who will be the wife?

00:09These questions will arise.

00:11I can kindly visualize a situation after five years down the line, based on this very thing,

00:21that from the beginning, I am attracted to those persons who are mentioned in the degrees

00:28of prohibited relationship.

00:30Incest is not uncommon in the world, and world over, incest is prohibited.

00:36That I am attracted to my sister, we are consenting adults, we are entering into activities within

00:46the privacy, and we claim our right of autonomy, our right of choice, and our right of doing

00:54something in private domain.

00:58Based on that very argument, I am posing a question to myself, can someone not challenge

01:02this definition itself, why this restriction?

01:05Who are you to decide with whom?

01:07I have my sexual orientation, it may be a little far-fetched, we used to treat even

01:18this as far-fetched.

01:19But you know, Mr. Solicitor, sexual orientation or your autonomy as an individual can never

01:26be exercised.

01:28All aspects of marriage, including the entry into marriage, the prohibited relationships,

01:33the grounds on which marriage can be dissolved, these are all subject to regulation by law.

01:39Full blood, definition of full blood and half blood.

01:42Two persons are said to be related to each other by full blood, when they are descended

01:47from a common ancestor, that is male, because the next word is by the same wife, and by

01:55half blood, when they are descended from a common ancestor, but by different wives.

02:03We can never reconcile this provision.

02:07Because it says, biologically, one man has given birth to a child through a biological

02:15woman.

02:16That's what they say.

02:17Number two, marriage between lesbians, this provision will be redundant because she can't

02:24have full blood.

02:27Even if there is a child from artificial insemination, it would not be a full blood child.

02:35So merely changing man and woman into persons will make many provisions not reconcilable

02:43at all.

02:45Indian Succession Act undisputably applies to all, except Hindus.

02:50Hindu would be governed by the Hindu Succession Act.

02:54In a given situation, if he marries Hindu, otherwise Indian Succession Act.

02:59Now this also, kindly just one or two sections, just for the flavor.

03:04Domicile acquired by woman on marriage.

03:06By marriage, a woman acquires the domicile of her husband, if she had not the same domicile

03:12before.

03:13So it will have to be decided who is the woman.

03:19Wife's domicile during marriage.

03:21A wife's domicile during her marriage follows the domicile of her husband.

03:26For passports, etc., etc., this issue would arise and you will have to decide who is the

03:31wife.

03:32I am not reading all, but my Lord, Succession Act provides for widow, widower, husband,

03:39wife, father, mother, etc., my Lord.

03:4433A.

03:45A widow, but no linear descendant and the net value of his property does not exceed

03:51father.

03:52The whole of his property shall belong to the widow.

03:54Now, my Lord, if in this relationship one partner dies, whether he leaves behind a widow

04:01or a widower, then, my Lord, your Lordship may see 43 at the foot.

04:10In the interstates, father is dead, but the interstates, mother is living.

04:15Now, my Lord, next generation, marriage is permitted, they adopt and someone dies.

04:25And father and mother is, my Lord, LGBTQ couple.

04:30Who will be treated as dead as father and who will be treated as dead as mother?

04:36This would be the, my Lord, dilemma and can't be, my Lord, foreseen by your Lordships.

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